Conditional Waiver And Release Upon Final Payment Form

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CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
[Callfomh Civit Code 326-2(d)(3)l
Upon receipt by the undersigned of a check fom
(lvlaker of Check)
in the sum of $
, payable to
(Payee or Payees ofCheck)
and when the check has been properly endorsed and has been paid by the bank upon
which it is drawn, this document shall become effective to release any mechanic's lien,
stop notice, or bond right the undersigned has on the job of
located at
(Job Description)
This release covers the final payment to the undersigned for all labor, services,
equipment or material furnished on fte job, except for disputed claims for additional
work in the amount ofl_
. Before any recipient of this document relies on it,
the pafi should veriff evidence of payment to the undersigned.
Dated:
(Company Name)
(Signature and Title)
NOTE:
THI6 FORM OF RETEASE COi'PLIEA WTH T}IE REQUIREMENTA OF CML CODE AECTION
4dX3}. IT I8 NOT EFFECTIVE UNTIL THE CHECK THAT CONATITUTES FINAL
PAYMENT HAS BEEN PROPERLY ENDORSED. AND HAS CLEARED THE BANK
USE REVERSE SIDE FOR INDIVIDUALS PERFORMING LAEOR FOR WAGES.
(Ouvner)
By;
206.5 OF THE CAUFORTUI LAEOR CODE PROVIDES:
"NO EMPLOYER SHALL REOUIRE THE DGCUTION OF ANY RELEASE OF ANY
PAYIT'IGI FOR SERT/ICES, I.ABOR, MATERIqLS OR EOUIPMENT N.ID WILIFUTLY FAILS TO
CTAIM OR RIGHT ON ACCOUNT OF WAGES DUE, OR TO BECOME DUE. OR MADE
APPLY St Cl{ irOflEY FOR St CH PUBPO€E It E|IHER WlltFULlY FAIUi{G TO @fylPLETE
AS AN ADVANCE ON WAGES TO BE EARNED, UNLESS PAYMENT OF SUCH
THE IMPROVEiIENTS FOR W}IICH FUNT}A U'ERE PROVIOEO OR U'ILLFULLY FALING TO
WAGES HAA BEEN MADE. ANY FELE'€E REOUIRE OR O(ECUTED IN MOLATION
PAY FOR SERMCEA, LASOR, MATERIAIS RO EQUIPiIENT PFOVIDED INCIOENT TO gUCH
OF THE PRO,/ISIONS OF THIS SECTION SHALT BE NULL AND VOID AS BETWEEN
CONSTRUCTION, AND WRONGFULLY DMERTS THE FUNUS IO A USE OTHER THAN TTIAT
THE EMPIOYER ANO THE EMPLOYEE AND THE VIOLATION OF THE PROVISIONS OF
18,1{b) OF tHE CAUFOR|{IA P€I{AL COOE PiOVIDES lil PAnT Aa FOlLOltYs:
.A'ST PERAON W}6 RECEMES MONFT FOR THE PURPOSE OF OBTAINING OR
FOR WHICH THE FUNO6 WERE RECEIVED, SHALL BE GUILTY OF A PUBLIC OFFENAE
AilO FUI{ISIIAEI.E BYA FINE NOT P(CEEONG TEN THOUSAND DOTTARS (SIO,OOO),
OR BY IMPRISONMENT IN THE STATE PRISON, OR IN THE COUNW JAIL NOT
O(CEEDING ONE YEAR, OR BY BOTH ST',CH FINEAND SUCH IMPRISONMENT.
IF THE
AIIOT'NT DIVERTED IS IN O(CESS OF ONE THOUSANO DOLIARs ('I ,OOO). IF THE
ATIOUNT DIVERTED IS |.EAS THAN ONE THOUAAND DOTIARS (TI,O@), THE PERSON
S{ALL 8E E'|LTY OF A T'XF€UEA'{OR,'
{84(c) OF THE CAUFORI{IA
FUNOS ANO DOES NOT USE THE FUNDS FOR THE PURPOSE FOR WHICH TI{€ CLAIM WAS
THIS SECTION-"
SUBMITTED IS GUILTY OF EMBEZZLEMENT.'
THIS SECTION SMLL BE A MISDEMEANOR.'
532(0) OF THE CAUFORT{I,A PEIIAL COOE PROVTDEaAS FOLLOIYS9
.ANY PERSON W}IO RECETVES MONEY FOR THE PURPOS€ OF OBTAINING OR
PAY]NG FOfi SER\'rcES, LA8OR, MAIERIALSOR EqJ|PMEI{T I}IQIDENT TO@I{STRI'CTING
IMPROVE}IENTS ON REAL PROPERTYANDIMLLFULLY REAATES A.TY PART OF THE MONEY
TO OR ON BEHAI-F OF AIIYONE CONTRACTING WTTH SUCH PERSON. FOR PROVISION OF THE
SERVICES, LASOR MATER TS OR EOUIPMENT FOR WHICH IHE MONEV WAS GIVEN,
Si|,ALL BE GUILTY OF A MISDEMEANOR, PRoldDEO, HC['T'EVER, THAT NORMAL TRADE

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